By accessing, browsing, or using the KimThai Garden website and placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any provision, please discontinue use of this website immediately.
Part I — About KimThai Garden
1. Entity and Location
This website is owned and operated by KimThai Garden, a retail plant store located at 901 N Broadway, Los Angeles, CA 90012, United States. We specialize in live potted citrus trees, tropical fruit trees, flowering plants, ornamental greenery, and herbs — all shipped as living, rooted plants in grower pots.
2. Acceptance of Terms
Your use of this website constitutes your acceptance of these Terms in full. We reserve the right to update or modify these Terms at any time without prior notice. Changes take effect immediately upon posting. Your continued use of the website after any change constitutes acceptance of the updated Terms.
3. Eligibility
You must be at least 18 years of age to make a purchase on this website. By placing an order, you represent that all information you provide is truthful, current, and complete.
Part II — Products, Descriptions, and Living-Organism Nature
4. Our Plant Collection
KimThai Garden offers the following categories of live, rooted, potted plants:
Potted Citrus Trees — Kumquat, Meyer Lemon, Kaffir Lime, Pomelo, Calamansi, and Tamarind. These are nursery-grown, well-established trees typically 2–3 feet tall, potted in 3-gallon containers, and already bearing 10–30 fruits at the time of shipment.
Tropical Fruit Trees — Banana (Dwarf and Double Hands varieties), Papaya, Guava, and Sugar Apple. These are potted, well-established tropical trees ranging from 2–4 feet tall depending on the variety.
Flowering and Ornamental Plants — Frangipani (Plumeria), Lotus (Nelumbo), Bird of Paradise (Strelitzia), and Coconut Palm. These ornamental species are available as established potted plants in various sizes.
Herbs and Edible Greens — Sweet Basil (Ocimum basilicum), Mint, Lemongrass, and Sweet Potato Leaves. These are smaller potted herbs suitable for kitchen windowsills, balcony gardens, or patio growing.
5. Product Representation
We make every effort to display product images, descriptions, sizes, and prices as accurately as possible. However, the actual plant you receive may differ from what is shown on screen due to:
- Natural biological variation — every tree and plant is a unique living organism. Fruit count, leaf density, branch structure, height within the stated range, and overall shape will differ from the reference photograph. This is normal and expected.
- Seasonal variation — citrus trees may show different levels of fruit maturity depending on the season. Tropical trees may display varying leaf size and growth rate. Herbs may vary in bushiness and leaf color.
- Growth during transit — because our plants are live, actively growing organisms, a tree may add new growth or shift its form slightly during the 14–19 business days between packaging and delivery.
- Monitor and device differences — screen calibration, resolution, and ambient lighting affect how colors appear on your device.
6. Product Availability
All products are subject to availability. We reserve the right to modify, discontinue, or update any product at any time without prior notice. If a product you ordered becomes unavailable after purchase, we will contact you to arrange a substitution or full refund.
7. Pricing Accuracy
All prices are listed in United States Dollars (USD). If a product is listed at an incorrect price due to a typographical error, we reserve the right to cancel the affected order and issue a full refund, or to contact you with the correct price before processing.
Part III — Orders, Payment, and Modifications
8. Placing an Order
An order is placed when you complete the checkout process and receive an automated order-confirmation email. This email confirms receipt of your order but does not constitute acceptance of the contract. We reserve the right to accept or decline any order at our discretion.
9. Payment Methods
We accept the following payment methods:
- Credit and Debit Cards: Visa, MasterCard, American Express, and Discover
- Digital Wallets: Apple Pay, Google Pay, PayPal, and Shop Pay
All transactions are encrypted via SSL and processed by PCI-DSS-compliant gateways. Your credit card statement will show a charge under "KimThai Garden."
10. Modifications and Cancellations
You may request to modify or cancel your order within 2 hours of placement, provided it has not yet entered our fulfillment process. After this window, changes may not be possible. Contact us immediately at info@kimthaigarden.com or +1 (323) 388-3871 with your order number.
11. Order Cancellation by KimThai Garden
We reserve the right to cancel orders under the following circumstances:
- Payment authorization fails or cannot be verified
- Billing or shipping information appears invalid or fraudulent
- The item is out of stock or has been discontinued
- A pricing error was published on the product page
- The order pattern suggests potential fraud
If we cancel your order after payment has been processed, you will receive a full refund to your original payment method within 10 business days.
Part IV — Shipping and Delivery
12. Shipping Coverage
We offer free standard shipping on all orders within the contiguous (lower 48) United States. We do not ship to Alaska, Hawaii, U.S. territories, APO/FPO/DPO addresses, or international destinations.
13. Processing and Delivery Timeframes
- Order processing: 1–3 business days (Monday through Friday, excluding federal holidays).
- Estimated delivery: 14–19 business days after shipment.
Because our products are live trees and plants, they require extended transit handling, root-zone insulation, and protective packaging. The delivery window of 14–19 business days reflects the additional care required to ensure your tree arrives healthy.
14. Live-Plant Shipping Practices
- Each tree or plant is secured in custom protective packaging with root-zone insulation, moisture-retention materials, and structural support to minimize movement and prevent soil spillage during transit.
- During periods of extreme heat (above 95°F) or extreme cold (below 32°F) along the shipping route, we may delay your shipment by 1–2 business days to protect plant health. We will notify you by email if your order is affected.
- If your order contains multiple items (for example, a Kumquat tree and a potted Mint plant), they may ship in separate packages and arrive on different days. You will receive a separate tracking number for each shipment.
- Transit stress is normal. Your tree may arrive showing temporary drooping, minor leaf loss, slight yellowing of lower leaves, or soil displacement. These are natural biological responses to the dark, temperature-fluctuating environment inside a shipping container. With proper care, most trees recover fully within 1–2 weeks.
For complete shipping details, please refer to our Shipping Policy.
Part V — Live-Plant Disclaimer
15. Living-Organism Acknowledgment
By purchasing a live tree, plant, or herb from KimThai Garden, you acknowledge and agree to the following:
- Natural variation — the plant you receive will not be an exact replica of the product photograph. Differences in height (within the stated range), fruit count, leaf density, branching pattern, and overall appearance are expected and normal. For example, a Kumquat tree listed at 2–3 feet tall with 15–20 fruits may arrive at 2'2" with 12 fruits, or at 2'10" with 22 fruits. This is within normal range.
- Transit stress — live plants may experience temporary stress during shipping, including drooping, minor leaf loss, yellowing, or soil displacement. These are normal responses to changes in light, temperature, and humidity. With proper care, most plants recover within 1–2 weeks.
- Prompt unpacking required — we strongly recommend opening your package and providing water to your plant within 24 hours of delivery. We are not responsible for plant deterioration caused by failure to unpack and water within this timeframe.
- Outdoor acclimation — trees that have spent 14–19 days in a dark shipping environment may need gradual acclimation to full outdoor sunlight. We recommend placing your newly arrived tree in a shaded or partially shaded area for 3–5 days before moving it to full sun.
- Climate suitability — citrus and tropical trees are best suited for USDA Hardiness Zones 9–11 or for indoor growing in cooler climates. Please confirm that your growing environment is appropriate for the species you are ordering.
Part VI — Returns and Refunds
16. Return Eligibility
You have 30 days from the date of delivery to request a return. All products — including live trees, plants, and herbs — are eligible for return. Items must be in substantially the same condition as when they were received.
17. Live-Plant Returns
Live plants may be returned within 30 days of delivery. Natural variations in fruit count, leaf density, color, growth pattern, or size do not affect return eligibility. For live-plant damage during shipping, please contact us within 48 hours of delivery with clear photographs for priority resolution.
For complete return details, please refer to our Refund and Return Policy.
Part VII — Intellectual Property
18. Ownership
All content on this website — including text, images, photographs, logos, graphics, product descriptions, care guides, and website design — is the exclusive property of KimThai Garden or its content suppliers and is protected by United States and international copyright laws.
19. Permitted Use
You may view and purchase products for personal, non-commercial use. You may not copy, reproduce, distribute, publicly display, or create derivative works from any content on this website without our express written consent.
Part VIII — User Accounts
20. Account Responsibilities
If you create an account on our website, you are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized access or use.
21. Account Suspension
We reserve the right to suspend or terminate accounts that we reasonably believe are engaged in fraudulent, abusive, or unauthorized activity.
Part IX — Liability and Indemnification
22. Limitation of Liability
To the maximum extent permitted by law, KimThai Garden shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this website or purchase of our products.
Our total liability for any single claim shall not exceed the total amount you paid for the product in question.
23. Force Majeure
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, severe weather, carrier disruptions, pandemics, or government actions.
24. Indemnification
You agree to indemnify, defend, and hold harmless KimThai Garden, its owners, employees, and affiliates from any claims, losses, damages, liabilities, costs, or expenses arising from your use of this website, violation of these Terms, or violation of any third-party rights.
Part X — Governing Law and Dispute Resolution
25. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
26. Jurisdiction
Any disputes arising under these Terms shall be resolved in the state or federal courts located in Los Angeles County, California.
Part XI — Miscellaneous
27. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
28. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy, and Payment Policy, constitute the entire agreement between you and KimThai Garden regarding your use of this website and purchase of products.
Contact Us
KimThai Garden 901 N Broadway Los Angeles, CA 90012
Email: info@kimthaigarden.com Phone: +1 (323) 388-3871
Business Hours: Daily: 11:30 AM – 5:00 PM (PT) Closed Wednesdays